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2025 Supreme(Mad) 3319

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice J.Sathya Narayana Prasad, J
R. Kalaiselvi – Appellant
Versus
Secretary, Housing and Urban Development Department, Chennai – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.R. Dhalapathy Vignesh Kumar.
For the Respondents:Mr. N. Naveen Kumar, Government Advocate.

ORDER :

The petitioner has filed this petition seeking direction to the third respondent to declare that the petitioner's land comprised in S.F.No.223/2, Kandakamuthur Village, Coimbatore Taluk, Coimbatore District measuring 2.35 acres is deemed to be released from the reservation of Section 38 of Tamil Nadu Town and Country Planning Act, 1971 and consequently direct the third respondent to pass appropriate orders for release of petitioner's land comprised in S.F.No.223/2, Kandakamuthur Village, Coimbatore Taluk, Coimbatore District measuring 2.35 acres.

2. The case of the petitioner is that she is the absolute owner of the property situated at S.F.No.233/2, Kandakamuthur Village, Coimbatore Taluk, Coimbatore District measuring 2.35 acres and approached the respondents 2 & 3 for planning approval for forming a layout for area measuring 0.76.78 hectares or 1.896 acres in the above referred survey number. It is relevant to state that Public Park is alleged to be planned in the said area and the said public park runs across the petitioner's land as per the DD Plan of the year 2004. Till date, no acquisition had taken place and the petitioner is in absolute possession of the same, theref

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